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HomeMy WebLinkAboutR99-183 special use permit for sprint spectrum wolcottCommissioner oved adoption of a following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - /93 APPROVAL OF SPECIAL USE PERMIT Sprint Spectrum_— Wolcott Telecommunication Site FILE NO. ZS -00053 WHEREAS, Sprint Spectrum L.P., ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about July 2, 1999, for a Special Use Permit for a Telecommunication Facility within the Resource Zone District, in the unincorporated area of Eagle County described as follows: a 1,000 square foot parcel of land, leased from Holy Cross Electric Association, Inc., } located in Lot 1, Section 21, T4S, R83 W, Sixth P.M., County of Eagle, State of Colorado; i� and WHEREAS, Sprint Spectrum L.P. proposes to build, operate and maintain a telecommunications facility involving from 9 to 18 SSLP panel antennas mounted on a 50 foot monopole tower, and a 10 X 20 foot prefabricated equipment shelter, all within a 25 X 40 foot fenced in area; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1111111111111111111111111111111111111111111111111111111111111 I 724584 03/13/2000 03:53P 370 Sara Fisher 1 of 11 R 0.00 D 0.00 N 0.00 Eagle CO P 4209 M I1/08/1999 06:10P 370 Sara Fisher 1 of 5 R 0.00 D 0.00 N 0.00 Eagle CO Commissio er oved adoption of a following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 99 - % 3 APPROVAL OF SPECIAL USE PERMIT Sprint Spectrum.— Wolcott Telecommunication Site FILE NO. ZS -00053 s WHEREAS, Sprmt Spectrum L.P., ( "Applicant') did file an application with the Eagle County Department of Cornnunity Development on or about July 2, 1999, for a Special Use Permit for a Telecommunication Facility within the Resource Zone District, in the unincorporated area of Eagle County described as follows: a 1,000 square foot parcel of land, leased from Holy Cross Electric Association, Inc., U located in Lot 1, Section 21, T4S, R83 W, Sixth P.M., County of Eagle, State of Colorado; 1) "M WHEREAS, Sprint Spectrum L.P. proposes to build, operate and maintain a telecommunications facility involving from 9 to 18 SSLP panel antennas mounted on a 50 foot monopole tower, and a 10 X 20 foot prefabricated equipment shelter, all within a 25 X 40 foot fenced in area; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials. and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1 111111 III it ll III IN 1111 1111111 III III 1111 IN 714209 11/08/1999 05:10P 370 Sara Fisher 1 of 5 R 0.00 D 0.00 N 0.00 Eagle CO 1. That propt., ; liblication and public notice was provi. ) as required bylaw for the hearings before the Planning Commission and the Board. 2. That the proposed Special Use, as conditioned, conforms to the requirements of Section 5- 250(B) of the Eagle County Land Use Regulations, as follows: a. The proposed Special Uses ARE appropriate for their proposed location and are consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. b. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. C. The proposed Special DOES comply with the standards of the zone district in which it is located (Resource) and any standards applicable to the particular use(s), as identified in Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses (telecommunications facility). d. The design of the proposed Special Use DOES minimize adverse impacts, including visual impacts of the proposed use(s) on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. e. The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. £ The proposed Special Use IS adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. g. The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards h. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. 2 And, pursuant to C.R.S. 30 -28 -110: a. The proposed use WILL NOT be detrimental to the health, safety and welfare of the inhabitants of Eagle County. b. The proposed use WILL NOT affect in a substantial manner, the use or enjoyment of adjacent lands. C. The site HAS adequate access and water and sewer. (Water /sewer are not provided.) d. The use of the site IS consistent with the applicable policies of the Master Plan. e. The advantages of the use DO outweigh the disadvantages. f There IS a demonstrated need for this proposal. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of Sprint Spectrum Wolcott Telecommunication Facility, File No. ZS- 00053, for a Special Use Permit for a Telecommunication Facility within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: Development and use of the site include the following requirements and conditions: a. All structures and other improvements related to this telecommunications facility shall be located within the designated 25 X 40 foot leased area and appurtenant easements. b. The development will utilize a new perimeter fence that is 25 X 40 feet, with a maximum height of 7 feet, for safety and security purposes. C. Do.-Ire prohibited from the site at all times, - v en if dogs are kept within vehicles. d. Vegetative cover within the Substation Parcel outside of the fenced antenna site and roads, will be retained, except where manipulation is required to reduce wildfire potential or as part of a valid wildlife habitat enhancement program authorized by the County. e. In order to reduce potential bear problems the following measures shall be implemented: (1) There shall be no dumps associated with the development. (2) Garbage shall be placed in containers, to be kept inside a closed garage or building. 2. All users of this Permit shall be subject to all applicable Site Development Standards of the Eagle County Land Use Regulations, including but not limited to, Division 4 -5 (Commercial and Industrial Performance Standards). 3. Additional users shall be permitted on the facility without further County approval if the additional uses are limited to those represented in this application and any additional users comply with the requirements of this permit and all other necessary approvals are obtained. 4. The site plan attached hereto represents the proposed, approved uses and is incorporated herein by this reference. 5. Except as otherwise modified by this Permit, all material representations of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. 6. Approval of this Special Use Permit is contingent upon submission by the applicant and approval by the Board of County Commissioners of an exemption to applicable provisions of State Statute and the Eagle County Land Use Regulations regarding the subdivision of land into parcels of less than 35 acres by the proposed long term lease between the applicant and Holy Cross Energy. THAT, this permit shall be subject to review as provided for by the Eagle County Land Use Regulations. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 4 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 1 st day of November, 1999, nunc pro tunc to the 18th day of October, 1999. COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ByC By L2L _ Sara J. Fisher J ette Phillips, Chairman Clerk to the Board of County Commissioners s E. Johnson, Jr. sioner / To4 C. Stone, Commissioner Commission 7 seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner Tom C. Stone This Resolution passed by of the Board of County Commissioners of the County of Eagle, State of Colorado. 5